Taming the Wild West of Patent Damages: Is There a New Sheriff in Town?

Patent damages law has come to the forefront in recent years, as juries have increasingly awarded large sums to plaintiffs, and Congress has stepped into the fray in an effort to rein in patent damages. Reacting to the escalating damages awards and Congress’ efforts, the judiciary has recently issued a flurry of opinions that may be changing the patent damages landscape permanently, and policing the previously untamed law of patent damages.

Please join us for a timely discussion led by attorneys who have literally written the book on patent damages and who are strategically guiding clients through this challenging area of patent law and litigation.

Key topics:

  • Have recent cases – such as Lucent v. Gateway, Cornell v. Hewlett-Packard, and ResQNet.com v. Lansa – changed the law?
  • Are trial judges now acting as gatekeepers to prevent juries from hearing unsound damages theories?
  • What can be done in preparing a damages case to avoid running afoul, or take advantage, of the recent case law?
  • How do you keep damages experts’ costs down while allowing them to prepare adequately?


  • Michael Florey, Principal, Minneapolis, MN
  • Chris Marchese, Principal, San Diego, CA
  • John Skenyon, Principal, Boston, MA

Special Guest:

Ryan Sullivan, Quant Economics (damages expert in numerous patent cases, including one of the Lucent v. Microsoft trials in San Diego)

Tuesday, May 18, 2010
11:30 a.m. – 12:00 p.m. Registration
12:00 p.m. – 1:30 p.m. Program and lunch

The Westin Minneapolis
Lakes Room
88 South 6th Street
Minneapolis, MN 55402

Fish & Richardson will apply for 1.5 hours of MN CLE credit for this course.

RSVP to Megan Kelley at mkelley@fr.com.